65- 407 C.M.R. ch. 840, § 5

Current through 2024-25, June 19, 2024
Section 407-840-5 - CERTIFICATION OF PRELIMINARY ELIGIBILITY
A.Determination. Within twenty one (21) days after the filing of the petition for preliminary determination of eligibility, the Commission shall enter an order stating, with respect to each intervenor who has filed for funding:
1 Whether the intervenor is eligible for funding based on the criteria set forth in section 2 of this rule;
2 Whether those intervenors advocating similar positions shall consolidate their representations by requiring common legal representation chosen by the intervenors. No award of compensation shall be made to those intervenors who fail to consolidate their presentations after being so ordered by the Commission. This does not preclude consolidated intervenors from retaining more than one legal representative so long as only one representative enters an appearance on behalf of the consolidated intervenors. In the case where more than one legal representative is retained, the intervenors may divide the award among the legal representatives.
3 If the Commission is unable to determine preliminary eligibility, whether eligibility is likely if the intervenor meets the eligibility criteria in Section 2 of this Chapter.
B.Change in Financial Status. A determination of preliminary eligibility under this rule is subject to change in the event the financial status of the intervenor changes prior to the conclusion of the proceeding. An intervenor's eligibility for compensation is reviewable until the conclusion of the proceeding. It shall be the obligation of the intervenor seeking intervenor funding to notify the Commission and parties involved of any change in financial position.

65- 407 C.M.R. ch. 840, § 5